Molefhi wins corruption case

SHARE | Sunday, 06 July 2014 | By Phillimon Mmeso

The Minister of Transport and Communications who is also the shareholder at Academy of Business Management (ABM), won a lawsuit against Donald Gaetsaloe who accused him of corruption when he purchased a house from Justice Key Dingake valued at P1.5 million. Gaetsaloe is Chief Executive Officer of African Alliance Botswana.

Molefhi sued Gaetsaloe for defamatory remarks he made during his case against his former employees Debswana Diamond Company, whom he accused of bribing Justice key Dingake to favour them. He accused his former employees and the then Managing Director Blackie Marole for using Minister Molefhi as a simulator in order to make a transaction to pay Justice Dingake P1.5 million. Gaetsaloe suggested that the sale of the house by Justice Dingake to Minister Molefhi’s company was simulated transaction in an attempt by Justice Dingake to cover up the bribery from Debswana Diamond Company.

Gaetsaloe lost his case of unfair dismissal filed with Justice Dingake against his then employers, Debswana Mining Company. He reported the case to Directorate of Corruption and Economic Crime (DCEC) and when they cleared Molefhi, Dingake and Marole of any wrongdoing, Gaetsaloe accused the crime busting unit of colluding with the suspects. Gaetsaloe filed an affidavit with High Court Judge Monametsi Gaongalelwe in November 2009 claiming that the DCEC has colluded with the suspects.

Though the case was dismissed by the court in 2009, Molefhi applied for a lawsuit stating that the founding affidavit were defamatory of him and claimed damages of P1 million. Molefhi decried that the statement made by the defendant during the case that he was the simulator in a corruption case portrayed him as a disgraceful person and undeserving of employment in any responsible senior position as he engages in criminal or corrupt acts with members of the judiciary.

Delivering judgment on Monday Justice Walia ruled in favour of Molefhi and stated that the statements, “complained of were false and made maliciously and animus injuriandi.”

“The plaintiff is entitled to judgment and judgment is hereby entered in favour of the plaintiff for damages to be assessed by the court,” said Justice walia. Molefhi was represented by Attorney Dutch Leburu while Gaetsaloe was represented by Itumeleng Segopolo.